Definitions

Question 1

Dishonestly
Section 217, Crimes Act 1961

Answer 1

Dishonestly means without a belief, consent or authority from a person entitled to give such consent or authority

Question 2

Claim of Right
Section 2(1), Crimes Act 1961

Answer 2

‘without genuine claim to property’
In relation to any act means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of the fact or any matter of law other than the enactment against which the offence is alleged to have been committed

Question 3

Property
Section 2, Crimes Act 1961

Answer 3

Property includes real or personal property and any estate or interest in any real or personal property, money, electricity and any debt. Anything in action and any other right or interest

Question 4

Recklessness

Answer 4

The conscious and deliberate taking of an unjustified risk

Question 5

Explosive
Section 2(1) Arms Act 1983

Answer 5

Any substance or mixture which in it’s normal state is capable either of decomposition at such a rapid rate.
Does not include a firearm, any firework or Molotov cocktail

Question 6

Voidable title

Answer 6

Title obtained by deception, fraud or duress.
This can be voided (vacated) by the seller

Question 7

Credit

Answer 7

Obligation on the debtor to pay or repay

Question 8

Difference between deception section 240(1)(b) and 228(1)(b)

Answer 8

Deception 240(1)(a)
- there was intent to deceive
- there was representation by the defendant
- the representation was false and defendant either knew it was false or reckless

Uses a document 228(1)(b)

• used or attempted to use document
• intent to obtain property, service, valuable consideration or pecuniary advantage

Question 9

What must the prosecution prove in relation to guilty knowledge?

Answer 9

That the defendant knew that the representation was false ina material particular or was reckless as to its falsity. Absolute certainty is required

Question 10

Supply

Answer 10

Includes give, sell, distribute

Question 11

Distribute

Answer 11

Supply to multiple people

Question 12

Give

Answer 12

Hand over substance to enable person to use

Question 13

Sell

Answer 13

Exchange for some form of value

Question 14

Administer

Answer 14

To direct or cause drug to enter system of another person

Question 15

Offer

Answer 15

Arouse another person’s interest
Requires communication by accused and belief by recipient that their offer is genuine

Question 16

Purpose

Answer 16

Aim or intention

Question 17

Possession

Answer 17

Physical - have in their custody or control or mental - have knowledge of it and know it was a controlled drug

Question 18

Recklessly

Answer 18

Conscious and deliberate undertaking of unjustified risk

Question 19

Transferred Malice

Answer 19

Person injured need not to be the intended person

Question 20

Facilitate

Answer 20

Make easier

Question 21

Stupefies

Answer 21

Dull the senses/state of stupor

Question 22

Strict liability

Answer 22

Must prove actus reus however case can be thrown out if defendant proves no men’s rea

Question 23

Absolute liability

Answer 23

Only need actus rea regardless of Defendant’s men’s rea

Question 24

Statutory defence

Answer 24

Infancy/ defence of self or property/sanity or compulsion

Question 25

Common law defence

Answer 25

Impossibility / necessity / consent / intoxication/ mistake / same automatism

Question 26

Negligence

Answer 26

Not taking all the reasonable steps

Question 27

Airgun

Answer 27

Any weapon from which by the gas or compressed air releases any shot, bullet, missile or other projectile can be discharged

Question 28

Intent

Answer 28

A deliberate act with intent to achieve a specific outcome

Question 29

Discharge

Answer 29

To fire or shoot

Question 30

Firearm

Answer 30

Anything from which a shot, bullet, missle or other projectile can be discharged by force of explosive

Question 31

sexual violation

Answer 31

Person rapes or has unlawful sexual connection with another

Question 32

Rape

Answer 32

Penetration of person’s genitalia by ones penis (includes any surgically constructed penis)
- without consent
- without believing on reasonable grounds there was consent

Question 33

Penetration

Answer 33

Affected by the slightest degree as proven by victims statement, admissions or medical exam

Question 34

Genitalia

Answer 34

Reproductive organs including internal/external. This includes vulva, labia and internal/external opening of vagina

Question 35

Indecent act

Answer 35

• Does an indecent act on another
• permits person to do indecent act on them

Question 36

Indecent

Answer 36

An act accompanied by circumstances of indency

Question 37

Assault

Answer 37

The act of applying or attempting to apply force to the person of another

Question 38

Recklessness

Answer 38

A deliberate act knowing the risk

Question 39

Knowing

Answer 39

Aware of the truth

Question 40

Service

Answer 40

Limited to financial or economic value. Excludes privilege or benefit

Question 41

Deception

Answer 41

A false representation. Either oral, documentary or conduct made with intent to deceive

Question 42

Sexual connection

Answer 42

Introduction into genitalia or anus by another person using part of their body or object manipulated. Excludes medical exam